As a general rule, the Fair Labor Standards Act (FLSA) does not require that employees other than minors receive any breaks, whether paid or unpaid. Rather, FLSA regulations set forth only when breaks must be paid if they are offered at an employer’s sole discretion.
With regard to meal breaks, the regulations ordinarily provide that an employer must pay if the break is fewer than 30 minutes. The regulations leave open the possibility that shorter meal breaks may be noncompensable in cases with special circumstances.
Some states require 30-minute meal breaks for workers. Even in those cases, however, the meal break can be unpaid.
It’s not as simple as scheduling 30-minute, unpaid meal breaks for nonexempt employees, though, as some of the scenarios described in this article show.
About 10 years ago, there was a wave of claims related to meal breaks. We are in the middle of another wave now, with many of the claims involving off-the-clock work during meal breaks. The following examples of common wage and hour scenarios illustrate how the seemingly simple can be legally complex, and they provide suggestions for avoiding legal liability.
Make sure all employees know that they cannot do any work during a meal break.
Scenario 1: 30-Minute Break
An employee takes her 30-minute break at her desk so she can be alone and read. But if the phone rings, she will answer it. And if her manager asks her work-related questions during the break, she responds. Is her lunch compensable?
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Patricia White, 70, of Old Greenwich, received a nine-month prison sentence for submitting false claims for unclaimed properties to around 30 state treasuries. HARRISBURG, Pa. — Months after her br...